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Dame Lois takes aim at Supreme Court judge

Attorney General Dame Lois Browne Evans has hit back at a Supreme Court judge who slammed her for an "unacceptable" refusal to fully assist in a court case over union representation.

Acting Puisne Judge Philip Storr had criticised Dame Lois for instructing Solicitor General Wilhelm Bourne not to give an opinion on whether she thought a Government tribunal had acted beyond its powers when ruling on representation of BAS-Serco firefighters at Bermuda International Airport.

In a written judgment delivered last Friday, the judge said the Attorney General had a duty to assist the courts in matters of law which might affect the citizens of Bermuda and her failure to do so was unacceptable.

In the House of Assembly last night, Dame Lois said it was up to the judge to make the decision on a matter of law.

"What are you there for if you can't make up your mind about something so simple? Why take people's money?"

Dame Lois said she used to represent the union years ago and never refused the opportunity to assist the courts on union matters.

"I stopped doing that when I came out of private practice. I take no sides. I represent the Government."

She explained Mr. Storr used to work in her AG chambers before leaving to sit on the bench.

Speaker Stanley Lowe reminded Dame Lois that under the rules of the House she should not be discussing the conduct of the judge.

She replied: "What do you mean? He's discussing my conduct. He's commenting on a political position."

Dame Lois said Mr. Storr should have sent her a letter stating what he thought, not use the bench to publicly make the point.

"To me it was unacceptable. I wasn't a party to the proceedings. I wasn't representing the union. They have their own lawyer, I wasn't representing Serco. Who Serco is I don't know."

She added: "I could not see why I should get myself in the middle."

Again the Speaker reminded her it was a delicate situation and suggested she make a statement to the House.

Dame Lois said: "This is a statement to the House. I am making it now."

She said the bench too often attacked lawyers and she also attacked magistrates for doing this.

On Mr. Storr's criticism she continued: "It wasn't my duty. I didn't appear.

"I want the Governor and everyone listening to know. Keep judges in a respectful mood or else."

Opposition Tourism Spokesman David Dodwell asked her what "or else" meant and then Dame Lois recounted the tale of a judge who had used the term "get back to Africa" who she had reported to the Chief Justice.

Opposition Legislative Affairs spokesman John Barritt read out the rule of the House which stated that the conduct of judges should not be referred accept under a substantive motion.

He said the AG wasn't skating on thin ice but had gone through the ice.

Mr. Barritt said it was offensive that the AG, as the country's top legal advisor, would try to break the rules of the House to denigrate a judge.

He said: "It's out of order" and he urged her to respect the Parliamentary rules.

And he said in a case dealing with the fundamental rights and freedoms of the country's citizens, the AG had the right to be heard and she should explain why she had stayed silent.

Dame Lois said: "They got it today."

During the court case Mr. Justice Storr accepted the company's position that the Permanent Arbitration Tribunal had acted beyond its powers when it effectively allowed two bargaining units for fire fighters at the airport - one represented by the BIU and the other of non-union members.